US20060064315A1
2006-03-23
11/229,369
2005-09-16
A system and method for managing cost containment within a plurality of projects. Standardized tasks for each of the projects and a schedule for the standardized tasks is defined. Resource data including pricing data for each of the standardized tasks is collected. Based on the defined schedule and the collected data, multi-tiered reimbursement/payment price milestones for each project are developed.
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G06Q30/0206 » CPC main
Commerce, e.g. shopping or e-commerce; Marketing, e.g. market research and analysis, surveying, promotions, advertising, buyer profiling, customer management or rewards; Price estimation or determination; Market predictions or demand forecasting Price or cost determination based on market factors
G06Q10/06 » CPC further
Administration; Management Resources, workflows, human or project management, e.g. organising, planning, scheduling or allocating time, human or machine resources; Enterprise planning; Organisational models
Y02P90/90 » CPC further
Enabling technologies with a potential contribution to greenhouse gas [GHG] emissions mitigation Financial instruments for climate change mitigation, e.g. environmental taxes, subsidies or financing
Y02P90/90 » CPC further
Enabling technologies with a potential contribution to greenhouse gas [GHG] emissions mitigation Financial instruments for climate change mitigation, e.g. environmental taxes, subsidies or financing
G06Q99/00 IPC
Subject matter not provided for in other groups of this subclass
Agencies such as environmental regulatory agencies are often tasked with the administration of programs that pay for the cleanup of environmental problems. The core mission of such agencies is to enforce environmental regulations, establish environmental cleanup objectives, and guide and monitor environmental cleanup activities. With the advent of funding programs to pay for the costs of such cleanups, these agencies must now also evaluate the costs of the cleanups being performed. These agencies are normally ill-equipped to perform such cost evaluation, as systems and information needed to set valid evaluation guidelines are not available and the agencies themselves are ill-equipped to create such systems themselves, due to a lack of resources, accounting experience, and market pricing data for such specialized services.
This may result in the following problems.
Budget proposals and/or payment applications from consultants may not follow any standardized system of tasks and charges, complicating reviews, hindering consistency and making the setting of justifiable standardized rates difficult, if not impossible.
Price and quantity control initiated by the regulatory agency in the absence of statistically valid price data causes resentment and an adversarial relationship to develop between regulators and consultants, as well as between regulators and site owners.
Regulatory authorities struggle to encourage price competition in states where the financing of cleanup expenses is common. The regulatory perception is that there is no reason for site owners to encourage price competition when they are not required to pay their bills until the fund reimburses them for their cleanup expenses.
Systems of cost control and review that employ standardized rates do not have the feedback systems needed to allow regulators to recognize when price standards are out of date or incorrectly set. They also do not facilitate the flexibility reviewers need to approve scopes of work and expenses that are not in the standardized dataset, nor do they have the means to recognize when a non-standard item has been used a statistically significant number of times and could be standardized.
Regulatory officials do not have a means to compare, side-by-side in the same interface, the proposed price for a non-standard item and the typical price for the same or similar work from nationally-recognized databases such as RS Means.
Regulators often spend valuable time reviewing non-typical items which consultants have failed to justify with additional documentation. Ideally, a means would exist to automatically reject unjustified items and/or bring them into conformance with standards without wasting the reviewer's time.
Agencies shift human resources from the technical review of plans to other functions they are less well-suited to perform, such as accounting and the management of volumes of budgets and payment applications. Fewer personnel applied to technical review results in a backlog of plans awaiting review, short shrift being given to technical review, or both. Accounting review is manual, time-consuming, and inconsistent.
The continued use of physical (paper) budget and pay request forms prevent data from being stored digitally and analyzed for valuable information and trend recognition. Agencies do not have the necessary resources to manually transcribe the vast amounts of cost data they receive in paper form into such a database. This valuable data remains inaccessible for any analytical or organizational use.
The agencies' roles change from simply validating costs for payment to becoming responsible for the balance of funds and minimization of outlays. Cleanup plans become subject to revisions based on cost rather than technical merit, which negatively impacts the site owners' ability to achieve the required cleanup objectives in a timely manner, or at all. Since the incident must eventually meet the cleanup criteria one way or another, the cleanup often costs more in the long run as the work is performed with repeated mobilizations as funding is parceled out in small increments.
A regrettable but very real aspect of agency cost review is that civil servants, with wages below those of the private sector, may unfairly cut technical scopes of work or cut billing rates below normal private industry standards out of a misplaced overt or subconscious sense of envy.
Consultants are confused by regulatory actions because reviewers may not have time to provide statutory or regulatory justification for all the changes they may make to a budget proposal or payment application. This prevents a database of review actions from being created (so that regulations and guidance can be improved over time) and makes the appeals process difficult for consultants (which are unsure on what grounds to appeal an undocumented revision or rejection).
The manual calculation of handling charges by consultants, and the manual checking of such calculations by regulators, introduces a time-consuming and error-prone element into the review of budget proposal and payment applications.
Upon review of budget proposals, many regulatory authorities will specify the exact changes they require in the budget, but will then require the consultant to submit an amended budget to memorialize the required changes. In cases in which the consultant is willing to proceed with the proposed work with the changes required by the regulators, the requirement to resubmit another budget is an unnecessary, time-consuming and costly step.
Cleanup funds are often subject to having balances transferred out for politically expedient purposes such as filling shortfalls in other parts of the government budget. Regulators do not have the reporting tools necessary to “defend” the cleanup funds against these transfers. Such tools could include cash flow projections based in part on funds “committed” to site owners by function of cleanup budget approvals. The net effect is a volatile fund balance, which discourages site owners from undertaking cleanup action and ultimately prevents or delays the very cleanup activities the regulators are supposed to encourage.
Corresponding reference characters indicate corresponding parts throughout the drawings.
I.B. SUMMARY OF THE INVENTIONIn one form, one advantage of the invention is that it provides a system for managing cost containment within a plurality of projects. The system comprises a processor configured to execute computer-executable instructions to:
In another form, the invention is a system for managing cost containment within a plurality of projects. The system comprises a processor configured to execute computer-executable instructions to:
In yet another form, the invention is one or more computer-readable media having computer executable components executable by a computing device. The components include:
Other features will be in part apparent and in part pointed out hereinafter.
This Summary is provided to introduce a selection of concepts in a simplified form that are further described below in the Detailed Description. This Summary is not intended to identify key features or essential features of the claimed subject matter, nor is it intended to be used as an aid in determining the scope of the claimed subject matter.
I.C. BRIEF DESCRIPTION OF THE DRAWINGSFIGS. 1A and 1B are flow diagrams illustrating the General Overview of the Budgeting Process.
FIG. 2 is a screen shot of a Budget Proposal Submittal Screen.
FIG. 3 is a screen shot of an Issuance of Professional Comments.
FIG. 4 is a screen shot of an Issuance of Owner Comments.
FIG. 5 is a screen shot of an Issuance of Professional Certification.
FIG. 6 is a screen shot of an Issuance of Owner Certification.
FIGS. 7A and 7B are flow diagrams illustrating the Payment Application Process when there is an Approved Budget.
FIG. 8 is a screen shot of a General Overview of the Payment Application Submittal Screen.
FIGS. 9A and 9B are flow diagrams illustrating the General Overview of the Payment Application Process when an Approved Budget is Not Required.
FIGS. 10A and 10B are flow diagrams illustrating the Validation of Budget Proposal Tasks, Resources, Billing Methods and Units of Measure.
FIGS. 10C and 10D are flow diagrams illustrating the Validation of Budget Proposal Time and Materials Task and Resource Pricing.
FIG. 10E is a flow diagram illustrating the Validation of Budget Proposal Lump Sum and Unit of Production Task Pricing.
FIG. 10F is a flow diagram illustrating the Validation of Budget Proposal Task Quantities.
FIG. 11 is a screen shot of an Accounting Reviewer Document Selection Screen.
FIG. 12 is a flow diagram illustrating the Accounting Reviewer Action Steps—Budget Proposals and Budgeted Payment Applications.
FIG. 13 is a screen shot of an Accounting Reviewer Budget Proposal Review Screen.
FIG. 14 is a screen shot of a Technical Reviewer Document Selection Screen.
FIG. 15 is a flow diagram illustrating the Technical Reviewer Action Steps—Budget Proposals.
FIG. 16 is a screen shot of a Technical Reviewer Budget Proposal Review Screen.
FIGS. 17A and 17B are flow diagrams illustrating the Validation of Budgeted Payment Application Tasks, Resources, Billing Methods and Units of Measure.
FIGS. 17C and 17D are flow diagrams illustrating the Validation of Payment Application Time and Materials Task and Resource Pricing.
FIG. 17E is a flow diagram illustrating the Validation of Payment Application Lump Sum and Unit of Production Task Pricing.
FIG. 17F is a flow diagram illustrating the Validation of Budgeted Payment Application Task Quantities.
FIG. 18 is a screen shot of an Accounting Reviewer Budgeted Payment Application Review Screen.
FIG. 19 is a flow diagram illustrating the Technical Reviewer Action Steps—Budgeted Payment Applications.
FIG. 20 is a screen shot of a Technical Reviewer Payment Application Review Screen.
FIG. 21A is a flow diagram illustrating the Validation of Nonbudgetable Payment Application Tasks, Resources, Billing Methods and Units of Measure.
FIG. 21B is a flow diagram illustrating the Validation of Nonbudgetable Payment Application Time and Materials Task and Resource Pricing.
FIG. 21C is a flow diagram illustrating the Validation of Nonbudgetable Payment Application Lump Sum and Unit of Production Task Pricing.
FIG. 21D is a flow diagram illustrating the Validation of Nonbudgetable Payment Application Task Quantities.
FIG. 22 is a flow diagram illustrating the Accounting Reviewer Action Steps—Nonbudgetable Payment Applications.
FIG. 23 is a screen shot of an Accounting Reviewer Nonbudgetable Payment Application Review Screen.
FIG. 24 is a flow diagram illustrating the Technical Reviewer Action Steps—Nonbudgetable Payment Applications.
FIG. 25 is a screen shot of a Technical Reviewer Nonbudgetable Payment Application Review Screen.
FIG. 26 is a flow diagram illustrating the Overview of Appeals Process.
FIG. 27 is a screen shot of a Budget Review Appeals Documentation Screen.
FIG. 28 is a screen shot of a Payment Application Appeals Documentation Screen.
Corresponding reference characters indicate corresponding parts throughout the drawings.
II. DETAILED DESCRIPTION OF INVENTIONAs an overview, in the embodiment, a system according to the invention manages cost containment within a plurality of projects. In one form, the system is implemented with a processor configured to execute computer-executable instructions. The instructions define standardized tasks and resources for the projects and collect real-time, market-wide, multi-provider costs data for the standardized tasks and resources for each project. Based on the collected data, the system is configured to develop statistically valid, multi-tiered reimbursement/payment price milestones for each project while preserving the competitive dynamics of a free-market based system. Statistical validity means that the pricing is set using processes and calculations that conform to the various laws of statistics. For example, for a given value to have a confidence level of X percent, there must be at least Y number of samples. It would not be statistically defensible or valid to change the price of a task that is proposed using the standard price 1000 times and a non-standard price only once. Competitive dynamics of a free-market based system are preserved because the market may price these tasks and resources as it sees fit. In one embodiment, this system does not fix market pricing so that consultants are free to propose whatever price and/or quantity they wish. When expedited values are exceeded, some justification is required for doing so.
A. Platform
This system is platform-independent and can be accomplished using a variety of database and other software programs.
B. Basic Components and Functionality
1. Work Breakdown Structure
The Work Breakdown Structure (WBS), in conjunction with the Standard Resource Schedule, forms the core of this system. The WBS is a schedule of standardized work tasks that are regularly performed in environmental cleanup work. The WBS contains a task numbering system, descriptive data, and financial data to facilitate automated processes.
In the WBS database table, each task will have at least one record (the original entry) and possibly multiple subsequent entries representing detail changes (description, etc., as described above). The following are some of the key table fields:
The system will record the use and characteristics of all non-standard tasks in budget proposals and payment applications. Non-standard tasks are tasks that are either not in the WBS or are in the WBS but have been modified by the consultant prior to submission (one example might be changing the task's billing method). This data will be used to perform statistically valid analyses so that existing tasks can be updated with the latest and most accurate real-world data, including but not limited to appropriate costs, billing methods, and unit of measure. New tasks may be added to the WBS based on their recurrence as non-standard tasks that are proposed and regularly approved for use.
Consultants may create “custom” tasks as they see fit in order to propose tasks not in the WBS. If approved, such tasks will exist only in the approved budget records and approved payment application records for that site and phase, and will not be a part of the WBS unless statistical review and analysis prompts agency administrators to add them to the WBS.
2. Standard Resource Schedule
The Standard Resource Schedule (SRS) is the other fundamental dataset that is used to automate certain processes and provide data for manual reviews when necessary. Resources are the individual charge items that make up a time and materials task. The SRS is to resources what the WBS is to tasks: a list of standardized resources that includes pricing data.
In the SRS database table, each task will have at least one record (the original entry) and possibly multiple subsequent entries representing detail changes (description, etc, as described above). The following are some of the key table fields:
The system will record the use and characteristics of all non-standard resources in budget proposals and payment applications. Non-standard resources are resources that are either not in the SRS or are in the SRS but have been modified by the consultant prior to submission (one example might be changing the resource's billing method). This data will be used to perform statistically valid analyses so that existing resources can be updated with the latest and most accurate real-world data, including but not limited to appropriate costs, billing methods, and unit of measure. New resources may be added to the SRS based on their recurrence as non-standard resources that are proposed and regularly approved for use.
Consultants may create “custom” resources as they see fit in order to propose resources not in the SRS. If approved, such resources will exist only in the approved budget records and approved payment application records for that site and phase, and will not be a part of the SRS unless statistical review and analysis prompts program administrators to add them to the SRS.
3. Basic Data Entry
Regulatory agencies collect various pieces of financial and business information about the parties which seek reimbursement from their cleanup funds. Therefore, certain basic information must be entered by the consultant into the system to provide the data and variables needed for budget submittals and payment applications to be entered and processed. This data is entered into web-based forms accessed with a web browser. Depending on the requirements of the regulatory authority, such administrative data may include (but not be limited to):
Certain other data must be available from regulatory agency databases, so as to provide needed information for the creation of a valid budget submittal and/or payment application. Linking this invention's data tables to regulatory databases will be accomplished using industry-standard tools and will be performed during the implementation of the system. Such data may include, but not be limited to:
Finally, the regulatory authority must create and manage certain user IDs and passwords needed to maintain appropriate security and identification validation throughout the system. These include:
This system is designed to handle the entry and submission of both budget proposals and payment applications for agency review and approval. The system is flexible in that payment applications may be submitted in certain circumstances without an approved budget required to be in place. This can easily be expanded to cover all payment applications for use in regulatory jurisdictions where the regulatory agency does not require a pre-approved budget.
All budget proposals and payment applications will be tracked by the combination of incident/phase. “Incident” refers to a unique leak or spill of regulated materials at a specific site, and “phase” refers to a specific and distinct stage of work that can be budgeted and tracked as a single entity. This arrangement allows separate budgets to be developed for each phase of a site cleanup.
A. Budget Submittals
This section will describe the process for submitting a budget proposal to the regulatory authority. An approved budget for proposed work is required in many jurisdictions in which the site owner will be reimbursed for its environmental cleanup expenses. Please refer to FIG. 1A for a general overview of the budgeting process.
The data submission interface that the consultant uses to create, edit and submit budget submittals will be web-based, accessible with a web browser. To perform budget submittal data entry and editing, the user will log in as a consultant. Referring to FIG. 1A, the user will specify the incident, choose the phase of work for which a budget will be proposed, and then create a new budget submittal or open an existing budget submittal draft at 104. A list of tasks which are typically used for the selected phase will be automatically loaded to the screen at 102 through 106. All necessary detail information will be provided, including but not limited to description, billing method and units of measure. The user enters the quantity and unit price, and the system automatically calculates the extended price at 108. In another embodiment, the system could also auto-load the standard unit price, or even a customized unit price specific to the consultant using the system, based on its own fee schedule. Such an embodiment will use a separate maintenance routine to record the consultant's desired fee schedule rates.
The user will have a checkbox where he or she may indicate that any change he or she makes from the standard characteristics of the task or resource (such as but not limited to a change in units of measure or an exceedence of the expedited price) is “justified.” When the “Justified” checkbox is checked, the user is required to enter a text description of why the change from the standard characteristics of the task or resource was called for. Please refer to FIG. 2 for one embodiment of the budget submittal entry form.
The user may also add tasks and/or resources that do not typically appear in the selected phase, or create wholly customized tasks and/or resources for addition to the budget proposal, if he or she so desires. Such additions are subject to justification.
Each task and resource may have documents attached to it to provide additional information for reviewer consideration (attachments may include but not be limited to scanned documents, spreadsheets, and image files). The consultant will have a field where he or she can indicate that a given expense is subject to handling charges. Such handling charges will be calculated based on formulas provided by the regulatory authorities and are hard-coded into the system during system implementation. In one embodiment of this invention, all items marked eligible for handling charges shall be subject to justification by the consultant.
In some regulatory jurisdictions, once the consultant fills out the budget data to his or her satisfaction, he or she must have the information certified at 112, 118 as being acceptable by either or both the site owner and/or a certified professional (certified professional engineer or geologist) before it may be sent to the regulatory authority for review. This invention allows for such review and certification to be performed on-line. Depending on the regulatory requirements, either or both the certifying professional and/or the site owner will have user ID's and passwords assigned to them. They will log on and review a read-only version of the budget submittal. If they find items which they do not believe are correct or appropriate, they may withhold their certification and provide written commentary on a line-item basis. The consultant may then amend the budget proposal to address the stated concerns at 116. The certifying professional and/or site owner may then perform another review. Please refer to FIG. 3: Professional Commenting, and FIG. 4: Owner Commenting.
This process of review and comment will continue until the budget submittal is certified (by both the certifying professional 112 and the site owner 118, if both are required). Once the document is certified by either or both the certifying professional at 112 and the site owner at 118, any changes to the document made by the consultant will result in the removal of such certifications. This measure ensures that the document cannot be tampered with after the certifications are applied. In one embodiment of this invention, electronic signatures of the certifying professionals and/or site owners may be captured and used for validation/authentication purposes. Please refer to FIG. 5: Professional Certification, and FIG. 6: Owner Certification.
At this stage, the consultant may submit the budget to the regulatory authority for review at 120 (if certification by the site owner and/or certified professional is required, such certification must be in place before submittal is allowable). Immediately upon the consultant initiating a submittal, the data is checked by the program at 122 to ensure all required information is present (such a check may also be performed by the consultant any time prior to submission). Required data for a budget proposal includes:
The following data may be required by the regulatory authority, based on their specific data collection requirements (this is not intended to be a definitive list):
If any of the required data is not present, the system will display a message explaining what data is missing, and indicating that the submission process cannot continue without that data. If all of the data required is present, the system will then perform a validation of the individual tasks and resources that have been entered into the form. For tasks and resources which are being proposed for the first time for the given incident and phase, this validation will be based on a comparison of the proposed tasks and resources against their counterparts in the WBS and SRS. For tasks and resources which have been proposed and approved in an earlier budget submittal for the same incident and phase, the comparison will be drawn between the proposed item and the previously approved version of the same item. This validation routine carries out the following tests:
Please note that justification of non-standard items is completely optional. However, failure to both mark the item as justified and to provide justification in the form of a text comment in at least one of the two comment fields will result (depending on the circumstances) in auto-rejection of the item, auto-reduction of its quantity and/or unit pricing, or the exposure of the item to line-item detailed manual review. The desire to stay within the “norm” as defined by the standards and expedited levels, and thereby avoid such undesirable outcomes, will encourage cost savings and uniformity in submissions.
If the budget proposal passes all automatic checks, a form will open on-screen displaying the budget proposal in an easy-to-read and print format, with a total budget value. It will also indicate a document tracking number for the consultant's use in making reference to the document in other correspondence.
Please note that all of this data is stored in a temporary table in the database. It is not considered complete or valid until it is submitted by the consultant and validated by the system. At that time, it is added to the permanent database of records. Only then is it accessible by the regulatory authority.
B. Payment Applications for Work Requiring an Approved Budget
This section will describe the process for submitting a payment application to the regulatory authority against an approved budget. Many jurisdictions require payment applications to meet an approved budget when the site owner applies for reimbursement of its environmental cleanup expenses. Please refer to FIG. 7A for a general overview of the budgeted payment application process.
The consultant will use a web-based data submission interface to submit payment applications which is in many respects similar to the interface used for budget submittals. To perform payment application data entry and editing, the user will log in as a consultant. The user will specify the incident, choose the phase of work for which payment will be requested, and then create a new payment application or open an existing payment application draft at 200. A list of the tasks and resources in the approved budget for that incident and phase will be automatically loaded to the screen at 202. All necessary detail information will be provided, including but not limited to description, billing method, units of measure, and approved unit price. The user enters the quantity (and unit price, if a unit price other than the budgeted unit price is going to be proposed), and the system automatically calculates the extended price at 204.
The user will also have a checkbox where he or she may indicate that any change he or she makes from the characteristics of the budgeted task or resource (such as but not limited to a change in units of measure or an exceedence of the budgeted price) is “justified.” When the “Justified” checkbox is checked, the user is required to enter a text description of why the change from the budgeted characteristics of the task or resource was called for. Please refer to FIG. 8 for one embodiment of the payment application entry form.
The user may also add tasks and/or resources that were not in the approved budget, or create wholly customized tasks and/or resources for addition to the payment application, if he or she so desires. Such additions are subject to justification at 204.
Each task and resource may have documents attached to it to provide additional information for reviewer consideration (attachments may include but not be limited to scanned documents, spreadsheets, and image files). The consultant will have a field where he or she can indicate that a given expense is subject to handling charges. Such handling charges will be calculated based on formulas provided by the regulatory authorities and are hard-coded into the system during system implementation. In one embodiment of this invention, all items marked eligible for handling charges shall be subject to justification by the consultant.
In some regulatory jurisdictions, once the consultant fills out the payment application data to his or her satisfaction, he or she must have the information certified at 208, 214 as being acceptable by either or both the site owner and/or a certified professional (certified professional engineer or geologist) before it may be sent to the regulatory authority for review. This invention allows for such review and certification to be performed on-line. Depending on regulatory requirements, either or both the certifying professional and/or the site owner will have user ID's and passwords assigned to them. They will log on and review a read-only version of the payment application at 206, 210. If they find items which they do not believe are correct or appropriate, they may withhold their certification and provide written commentary on a line-item basis. The consultant may then amend the payment application to address the stated concerns at 212. The certifying professional and/or site owner may then perform another review. Please refer to FIG. 3: Professional Commenting, and FIG. 4: Owner Commenting.
This process of review and comment will continue until the payment application is certified (by both the certifying professional at 208 and the site owner at 214, if both are required). Once the document is certified by either or both the certifying professional and the site owner, any changes to the document made by the consultant will result in the removal of such certifications. This measure ensures that the document cannot be tampered with after the certifications are applied. In one embodiment of this invention, electronic signatures of the certifying professionals and/or site owners may be captured and used for validation/authentication purposes. Please refer to FIG. 5: Professional Certification, and FIG. 6: Owner Certification.
At this stage, the consultant may submit the payment application to the regulatory authority for review at 216 (if certification by the site owner and/or certified professional is required, such certification must be in place before submittal is allowable). Immediately upon the consultant initiating a submittal, the data is checked by the program at 218 to ensure all required information is present (such a check may also be performed by the consultant any time prior to submission). Required data for a payment application includes:
The following data may be required by the regulatory authority, based on their specific data collection requirements (this is not intended to be a definitive list):
If any of the required data is not present, the system will display a message explaining what data is missing, and indicating that the submission process cannot continue without that data. If all of the required data is present, the system will then perform a validation of the individual tasks and resources that have been entered into the form. For tasks and resources which have been proposed and approved in an earlier budget submittal for the same incident and phase, the comparison will be drawn between the proposed item and the budgeted version of the same item. For tasks and resources which are being proposed in the payment application but which were not previously budgeted for the same incident and phase, this validation will be based on a comparison of the proposed tasks and resources against their counterparts in the WBS and SRS. This validation routine carries out the following tests:
Please note that justification of non-standard items is completely optional. However, failure to both mark the item as justified and to provide justification in the form of a text comment in at least one of the two comment fields will result (depending on the circumstances) in auto-rejection of the item, auto-reduction of its quantity and/or unit pricing, or the exposure of the item to line-item detailed manual review. The desire to stay within the “norm” as defined by the standards and expedited levels, and thereby avoid such undesirable outcomes, will encourage cost savings and uniformity in submissions.
If the payment application passes all automatic checks, a form will open on-screen displaying the payment application in an easy-to-read and print format, with a total application value. It will also indicate a document tracking number for the consultant's use in making reference to the document in other correspondence.
Please note that all of this data is stored in a temporary table in the database. It is not considered complete or valid until it is submitted by the consultant and validated by the system. At that time, it is added to the permanent database of records. Only then is it accessible by the regulatory authority.
C. Payment Applications for Work that Does not Require an Approved Budget
This section will describe the process for submitting a payment application to the regulatory authority for reimbursement of cleanup expenses in cases where an approved budget is not needed. Please refer to FIG. 9A for a general overview of the non-budgetable payment application process.
The consultant will use a web-based data submission interface to submit payment applications which is in many respects similar to the interface used for budget submittals. To perform payment application data entry and editing, the user will log in as a consultant. The user will specify the incident, choose the phase of work for which payment will be requested, and then create a new payment application or open an existing payment application draft at 300. A list of tasks which are typically used for the selected phase will be automatically loaded to the screen at 302. All necessary detail information will be provided, including but not limited to description, billing method and units of measure. The user enters the quantity and unit price, and the system automatically calculates the extended price at 304. In another embodiment, the system could also auto-load the standard unit price, or even a customized unit price specific to the consultant using the system, based on its own fee schedule. Such an embodiment will use a separate maintenance routine to record the consultant's desired fee schedule rates.
The user will also have a checkbox where he or she may indicate that any change he or she makes from the characteristics of the standard task or resource (such as but not limited to a change in units of measure or an exceedence of the standard price) is “justified.” When the “Justified” checkbox is checked, the user is required to enter a text description of why the change from the standard characteristics of the task or resource was called for. Please refer to FIG. 8 for one embodiment of the payment application entry form.
The user may also add tasks and/or resources that do not typically appear in the selected phase, or create wholly customized tasks and/or resources for addition to the budget proposal, if they so desire. Such additions are subject to justification at 304.
Each task and resource may have documents attached to it to provide additional information for reviewer consideration (attachments may include but not be limited to scanned documents, spreadsheets, and image files). The consultant will have a field where he or she can indicate that a given expense is subject to handling charges. Such handling charges will be calculated based on formulas provided by the regulatory authorities and are hard-coded into the system during system implementation. In one embodiment of this invention, all items marked eligible for handling charges shall be subject to justification by the consultant.
In some regulatory jurisdictions, once the consultant fills out the payment application data to his or her satisfaction, he or she must have the information certified at 308, 314 as being acceptable by either or both the site owner and/or a certified professional (certified professional engineer or geologist) before it may be sent to the regulatory authority for review. This invention allows for such review and certification to be performed on-line. Depending on the regulatory requirements, either or both the certifying professional and/or the site owner will have user ID's and passwords assigned to them. They will log on and review a read-only version of the payment application at 306, 310. If they find items which they do not believe are correct or appropriate, they may withhold their certification and provide written commentary on a line-item basis. The consultant may then amend the payment application to address the stated concerns at 312. The certifying professional and/or site owner may then perform another review. Please refer to FIG. 3: Professional Commenting, and FIG. 4: Owner Commenting.
This process of review and comment will continue until the payment application is certified (by both the certifying professional at 308 and the site owner at 314, if both are required). Once the document is certified by either or both the certifying professional and the site owner, any changes to the document made by the consultant will result in the removal of such certifications. This measure ensures that the document cannot be tampered with after the certifications are applied. In one embodiment of this invention, electronic signatures of the certifying professionals and/or site owners may be captured and used for validation/authentication purposes. Please refer to FIG. 5: Professional Certification, and FIG. 6: Owner Certification.
At this stage, the consultant may submit the payment application to the regulatory authority for review at 316 (if certification by the site owner and/or certified professional is required, such certification must be in place before submittal is allowable). Immediately upon the consultant initiating a submittal, the data is checked by the program at 318 to ensure all required information is present (such a check may also be performed by the consultant any time prior to submission). Required data for a payment application includes:
The following data may be required by the regulatory authority, based on their specific data collection requirements (this is not intended to be a definitive list):
If any of the required data is not present, the system will display a message explaining what data is missing, and indicating that the submission process cannot continue without that data. If all of the data required is present, the system will then perform a validation of the individual tasks and resources that have been entered into the form. This validation will be based on a comparison of the proposed tasks and resources against their counterparts in the WBS and SRS. This validation routine carries out the following tests:
Please note that justification of non-standard items is completely optional. However, failure to both mark the item as justified and to provide justification in the form of a text comment in at least one of the two comment fields will result in auto-rejection of the item, auto-reduction of its quantity and/or unit pricing, or the exposure of the item to line-item detailed manual review. The desire to stay within the “norm” as defined by the standards and expedited levels, and thereby avoid such undesirable outcomes, will encourage cost savings and uniformity in submissions.
If the payment application passes all automatic checks, a form will open on-screen displaying the payment application in an easy-to-read and print format, with a total application value. It will also indicate a document tracking number for the consultant's use in making reference to the document in other correspondence.
Please note that all of this data is stored in a temporary table in the database. It is not considered complete or valid until it is submitted by the consultant and validated by the system. At that time, it is added to the permanent database of records. Only then is it accessible by the regulatory authority.
5. Site Owners Authorization Data
As stated above, some regulatory jurisdictions also require budget submittals and/or payment applications to be certified by the site owner. A table will contain the unique identification and passwords of site owners, so electronic certifications are enabled. This table will be administered by the regulatory authority. The data entry interface for this will be accessible only by authorized regulatory personnel. The table will consist of the following fields:
A web-based user interface accessible only by Site Owners will be used by them to record the assignment of Consultants to incidents for which the Site Owners are responsible. This interface will also show the start and end dates of such assignments, so that if an incident has several consultants over time, that chain of assignment can be displayed. These records dictate which consultant may work on an incident at a given time; the consultant may be authorized to prepare budget proposals and payment applications using this system, but it will not be able to do so until a Site Owner authorizes it to do so for an incident for which they have responsibility. A given consultant may continue to view budget proposals and payment applications it may have submitted for an incident while it was authorized to do so, even after the incident has been reassigned by the site owner to a new consultant. The old consultant may not submit new records for that incident after a new consultant is assigned, nor may it view new records created by the new consultant. The new consultant is allowed view the old consultant's records, but it may not act on them in any way.
7. Consultant/Contractor Regulatory Authorization Data
A table will contain the unique identification and passwords of consultants or contractors who will be submitting budget proposals and payment applications. This table will be administered by the regulatory authority. The data entry interface for this will be accessible only by regulatory personnel. The table will consist of the following fields:
A table will contain the unique identification and passwords of employees of each consultant and/or certifying professionals hired or employed by the consultants. This table will be administered on a consultant-by-consultant basis by the consultant administrator using a web-based interface accessible only by the consultant. The table will consist of the following fields:
Another interface will define, based on the input of the Consultant Administrator, what reports may be viewable for each of the chosen user levels).
9. Certifying Professionals Authorization Data
Some regulatory jurisdictions require budget submittals and/or payment applications to be certified by a professional. A table will contain the unique identification and passwords of such professionals, so electronic certifications are enabled. This table will be administered by the regulatory authority. The data entry interface for this will be accessible only by regulatory personnel. The table will consist of the following fields:
This system enables a two-tiered regulatory review approach. The first tier illustrated in FIG. 1B is a financial review of the unit prices associated with the tasks and resources proposed. The second tier illustrated in FIG. 1B is a technical review of the technical merits of the tasks and resources proposed, and the quantities of each.
Accounting reviewers do not see any quantity or extended price data. Technical review is limited to only the appropriateness and quantity of the work proposed. Technical reviewers do not see any unit or extended price data.
Described below is the budget proposal review process.
If a budget proposal does not meet all expedited or budgeted pricing requirements, and/or fails to use completely standard or budgeted tasks and resources (and in one embodiment, fails to have handling charge items marked for justification), then the budget submittal will be subject to manual accounting review as its first manual review at 408. Following manual accounting review, the budget submittal will be subject to manual technical review at 414 (unless auto-approval of quantities is authorized, and the budget has acceptable quantities proposed, in which case there will not be a manual technical review and the budget submittal will be auto-approved after accounting review at 412).
If a budget proposal is subject to both accounting manual review and technical manual review, the accounting review at 408 shall be performed first. The budget proposal will not be available for technical review until the accounting review is completed.
This system enables a two-tiered regulatory review approach. The first tier illustrated in FIG. 7B is a financial review of the unit prices associated with the tasks and resources proposed for payment. The second tier illustrated in FIG. 7B is a technical review of the technical merits of the tasks and resources proposed for payment, and the quantities of each.
Accounting reviewers do not see any quantity or extended price data. Technical review is limited to only the confirmation that work for which payment is requested was necessary, was actually performed in the quantities indicated, and that the quantities indicated were reasonable and necessary. Technical reviewers do not see any unit or extended price data.
Described below is the budgeted payment application review process as illustrated in FIG. 7B.
If a budgeted payment application does not meet all budgeted pricing requirements, and/or fails to use budgeted tasks and resources (and in one embodiment, fails to have handling charge items marked for justification), then the budget submittal will be subject to manual accounting review as its first manual review at 508. Following manual accounting review, the budget submittal will be subject to manual technical review at 514 (unless auto-approval of quantities is authorized, and the budget has acceptable quantities proposed, in which case there will not be a manual technical review and the budget submittal will be auto-approved after accounting review) at 512.
If a payment application for a budgeted phase of work is subject to both accounting manual review and technical manual review, the accounting review at 508 shall be performed first. The payment application will not be available for technical review until the accounting review is completed.
This process is very similar, but not identical, to that for the review of budget proposals.
This system enables a two-tiered regulatory review approach. The first tier illustrated in FIG. 9B is a financial review of the unit prices associated with the tasks and resources proposed for payment. The second tier illustrated in FIG. 9B is a technical review of the technical merits of the tasks and resources proposed for payment, and the quantities of each. It is important to note the following key points about non-budgetable payment application review:
Described below is the non-budgetable payment application review process illustrated in FIG. 9b.
If a nonbudgetable payment application does not meet all expedited pricing requirements, and/or fails to use completely standard tasks and resources (and in one embodiment, fails to have handling charge items marked for justification), then the nonbudgetable payment application will be subject to manual accounting review as its first manual review at 606. Following manual accounting review, the nonbudgetable payment application will be subject to manual technical review at 612 (unless auto-approval of quantities is authorized, and the nonbudgetable payment application has acceptable quantities proposed, in which case there will not be a manual technical review and the nonbudgetable payment application will be auto-approved after accounting review) at 610.
If a nonbudgetable payment application is subject to both accounting manual review and technical manual review, the accounting review at 606 shall be performed first. The nonbudgetable payment application will not be available for technical review until the accounting review is completed.
In one embodiment, this invention includes a feature which will allow the system to automatically approve proposed quantities, if those quantities are less than or equal to the standard against which they are normally evaluated, for any percentage of budget proposals and payment applications. In the case of budget proposals and nonbudgetable payment applications, that standard would be the EQ for that task; in the case of budgeted payment applications, that standard would be the remaining budget quantity for the task in question.
14. Automated Budget Proposal Review and Payment Application Letters
Once a budget proposal or payment application has been auto-approved and/or confirmed by both the technical and accounting reviewer, all the necessary data is available (including reviewer comments as to why changes were required) to generate an automatic email notification of the regulatory authority's decision to all concerned parties.
15. Budget Proposal and Payment Application Appeals Administration
Many regulatory agencies have an appeals process whereby consultants may appeal any manual reviewer action taken on a budget proposal or payment application. Regulatory appeals processes typically involve the referral of the dispute to a government or industry organization for binding resolution. In some cases, there is an intermediate step wherein an independent body may render an initial decision or recommendation before the matter is sent to the final organization for final resolution. Please see FIG. 26 for an overview of the general appeals process.
One embodiment of this system can accommodate an appeals process. If an appeal results in a decision which effectively revises the characteristics of an approved budget or payment application, its quantities and/or pricing, the recording of that appeal in the system will create automatic revisions to the budget and/or payment application records (in the same way that approvals of characteristics in conflict with originally approved budgets will create automated budget amendments; see Section II.B.11.o. Please refer to FIG. 27 for the screen design for budget proposal appeals documentation and to FIG. 28 for the screen design for payment application appeals documentation.
16. Statistical Reporting and Analysis
Over time, this database will build a data history that can be used for statistical reporting and analysis. Some of the key data that will be used to perform the following improvements to the system includes the following:
Some of the key data that will populate the database includes:
Data that will be available to authorized users via reporting and/or automated queries includes, but is not limited to:
Additional reporting will be available that will apply statistically valid analysis to trends in average pricing and the incidence of non-standard items to indicate when changes should be made in the standards. Once the statistical model for recognizing and instituting such changes is agreed upon, a setting in the software could allow such changes to take place automatically. For example, if X percentage of the time, the extended price of a given T&M task falls within a price range of A to B, then the T&M task can be converted to a lump sum task with a price of some value between A and B.
17. Cost Control Incentive
Regulatory agencies that administer cleanup funds have two goals that are somewhat in tension with each other: to drive the cleanup of environmental problems and to minimize the cost to the fund of such work. The only direct means the regulatory agencies have historically had to control costs is to reduce the approved quantity and pricing of such work. This has a chilling and slowing effect on the cleanup of the environment, and all too often places the regulatory authorities in an antagonistic relationship with the consultants doing the work and with the site owners themselves.
The solution is to implement a system of cost control that encourages the market itself to place downward pressure on pricing and quantity. Until now, such a system has never been possible because the necessary data was not collected, analyzed and employed in a way that the market could use and act upon. In one embodiment, this invention is such a system.
The data collected and maintained by this system will enable reporting on the average cost to perform given tasks, by consultant, by specified time period and/or other parameters. This will enable agency administrators to identify what firms are performing specific tasks for the least cost to the program. A portion of the cleanup fund could then be paid as a reward to the firms that perform the work for the least cost to the fund. The availability of incentive payments will encourage consultants to implement additional cost savings measures that will further drive down the average cost to perform the work. This in turn will reduce net cleanup funds outlays but still deliver the same benefit to the environment in cleanup work performed. The exact formula for the incentive payments will be up to the regulatory agency and is simply a matter of changing the reporting available from the system. It could conceivably be done on a weighted basis to account also for the volume of work a firm performs (and resultant total cost to the cleanup fund).
18. Cashflow Projection System
By entering a beginning fund balance and projected fund receipts, the system will be able to generate cash projection reporting on a going-forward basis to agency administrators. The system will have all the necessary data to report on actual cash commitments (approved budget balances) and potential cash commitments (unreviewed budget proposals). As payment applications are processed, committed cash is consumed. When a “final” payment application is made, any unused budget balance at that time moves from committed cash to uncommitted cash. Many other more complicated variations on cashflow projection may be made.
19. Automated Payment of Approved Payment Applications
This system can easily deliver validated payment vouchers to any accounts payable system for issuance of payment checks.
20. Automated Billing of Users
This invention will contain billing mechanisms to enable the billing of consultants and site owners who use the system. Relevant payment data will be collected on each of these parties and stored in the database. Payment by credit card will be enabled by recording credit card information in the system and automatically charging those accounts when applicable. Payment amounts and terms will be set up on a party-by-party basis, but the system will permit default settings to be established. The system will further record the number of certifying professionals which perform work on a given consultant's projects over a given period of time, and assess additional charges is that number exceeds some preset limit. The preset limit will also be a consultant-by-consultant value but will have default values available for use.
C. Additional Optional Features
This invention has several different embodiments that might be constructed. Several are described in the text above. Some other embodiments which are foreseen include:
1. Reversal of Reviews
Technical review of budget proposals and payment applications could be done before the Accounting reviews of same, without affecting the content of the reviews. In this event, budget proposals and payment applications would not become available for accounting review until such time as they have been confirmed by a technical reviewer.
2. Review Content Changes
The responsibility for review and approval of non-standard billing methods and units of measure could be transferred from the Accounting reviewer to the Technical reviewer. All related functionality and content would then reside in the Technical Review screen.
3. Addition or Deletion of Billing Methods
Other billing methods could be used in addition to or in place of the three proposed herein.
4. Additional Levels of Price Justification
Additional tiers of unit price review above that of the Expedited Unit Price level could be added to the system. These would represent levels of pricing which require ever-more-stringent levels of justification. The highest level could conceivably act as an absolute ceiling, above which a unit price cannot be approved.
5. Restriction on the Application of Handling Charges
A maintenance routine to identify certain tasks and/or resources to which handling may not be applied could be included with the system. Such an embodiment would have the advantage of preventing the accidental or uninformed submittal of an item to which handling is normally not applicable.
In one embodiment, the invention may be implemented as one or more computer-readable media having computer executable components as noted above. The components are executed by a computing device and would include web-based modules and/or a management module. One web-based module creates and submits proposals, as noted above. Another web-based module receives proposals including tasks, receives payment applications for partially completed tasks of the proposal, receives payment applications for completed tasks of the proposals and reviews and approves received proposals. A management module, which may be web-based, monitors received proposals and responds to received payment applications.
The order of execution or performance of the operations in embodiments of the invention illustrated and described herein is not essential, unless otherwise specified. That is, the operations may be performed in any order, unless otherwise specified, and embodiments of the invention may include additional or fewer operations than those disclosed herein. For example, it is contemplated that executing or performing a particular operation before, contemporaneously with, or after another operation is within the scope of aspects of the invention.
When introducing elements of aspects of the invention or the embodiments thereof, the articles “a,” “an,” “the,” and “said” are intended to mean that there are one or more of the elements. The terms “comprising,” “including,” and “having” are intended to be inclusive and mean that there may be additional elements other than the listed elements.
As various changes could be made in the above constructions, products and methods without departing from the scope of embodiments of the invention, it is intended that all matter contained in the above description and shown in the accompanying drawings shall be interpreted as illustrative and not in a limiting sense.
1. A system for managing cost containment within a plurality of projects, said system comprising a processor configured to execute computer-executable instructions to:
define standardized tasks for the projects;
collect real-time, market-wide, multi-provider costs data for the standardized tasks for each project; and
based on the collected data, develop statistically valid, multi-tiered reimbursement/payment price milestones for each project while preserving the competitive dynamics of a free-market based system.
2. The system of claim 1 wherein the standardized tasks as defined by at least one of the following:
minimum quantities (EQ) based on market data;
minimum task unit pricing (EUP) based on market data;
total task pricing (EEP) for eliminating line-item review;
maximum resource unit pricing (ERR) based on market data; and
budget-specific expedited values (BSEV) including new budget proposals and/or payment applications.
3. The system of claim 11 further comprising instructions to define a schedule for each of the standardized tasks, said schedule comprising a work breakdown structure (WBS) based on market data maintained and periodically updated and wherein the collected resource data comprises a standard resource schedule (SRS) based on market data maintained and periodically updated.
4. A system for managing cost containment within a plurality of projects, said system comprising a processor configured to execute computer-executable instructions to:
define standardized tasks for each of the projects;
define a schedule for the standardized tasks;
collect resource data including pricing data for each of the standardized tasks; and
based on the defined schedule and the collected data, develop multi-tiered reimbursement/payment price milestones for each project.
5. The system of claim 4 wherein the standardized tasks as defined by at least one of the following:
minimum quantities (EQ) based on market data;
minimum task unit pricing (EUP) based on market data;
total task pricing (EEP) for eliminating line-item review;
maximum resource unit pricing (ERR) based on market data; and
budget-specific expedited values (BSEV) including new budget proposals and/or payment applications.
6. The system of claim 4 wherein the defined schedule for each of the standardized tasks comprises a work breakdown structure (WBS) based on market data maintained and periodically updated and wherein the collected resource data comprises a standard resource schedule (SRS) based on market data maintained and periodically updated.
7. The system of claim 6 wherein the computer-executable instructions include instructions for providing a link to an industry standard pricing database to provide comparisons of pricing levels for resources within the standardized resource schedule.
8. The system of claim 4 wherein the computer-executable instructions include instructions to define non-standardized tasks to define the schedule and to collect non-standardized task and resource data.
9. The system of claim 4 wherein the computer-executable instructions include instructions for automated review and approval of proposed quantities of the tasks and instructions to set, at any increment from zero to one hundred percent, the percentage of budget proposals and payment applications which will be selected for automated review and approval of the proposed quantities, and including at least one of the following:
wherein, if the selected budget proposal or payment application contains tasks and resources which are at or below an acceptable quantity, then those tasks and resources are auto-approved; and
wherein, if the selected budget proposal or payment application does not contain other information that requires manual review, then the budget proposal or payment application is automatically reviewed and approved, from receipt to notification of approval, without manual intervention or involvement.
10. The system of claim 4 wherein the computer-executable instructions include instructions to enable reporting of data to support a pricing incentive program.
11. The system of claim 4 wherein the computer-executable instructions include instructions to exclude selected submissions from automatic review processes and subjecting them to manual review.
12. The system of claim 4 wherein the instructions include at least one of the following:
maintaining a database of certifying professionals who are permitted to validate budget proposals and payment applications;
maintaining a database of site owners who are permitted to validate budget proposals and payment applications;
checking a budget proposal as to whether it will exceed limits for potential reimbursement per incident;
checking a payment application as to whether it will exceed limits for actual payment per year;
requiring documentation supplemental to the submittal of a budget proposal or payment application be entered into the system before the proposal or application is submitted and reviewed; and
automated application and approval of handling charges to expedite the review process, to ensure accurate calculation, and to remove from view certain data.
13. The system of claim 4 wherein the instructions include at least one of the following:
removing unit and extended cost data from the technical reviewer's view;
removing quantity and extended cost data from the accounting reviewer's view;
collecting reviewer comments on modifications and rejections of proposed items;
removing from the accounting and technical reviewers' view items which do not require their pricing review;
withdrawing at the consultant's request a budget proposal or payment application from review without creating an invalid corresponding response record; and
maintaining multiple approved budget records per incident and phase of work to determine the total approved budget at any time, and to determine what quantity balances remain on a given budget at any time.
14. The system of claim 4 wherein the instructions include at least one of the following:
amending approved budgets to reflect payment application review actions and/or appeals board actions including at least one of (1) changes in approved pricing, (2) changes in approved quantities, (3) the allowance of non-standard tasks, (4) the allowance of non-budgeted tasks and (5) the allowance of non-budgeted resources;
generating receipts acknowledging the receipt of budget proposals and payment applications; and
generating reviews incorporating the comments and/or justifications for modifications and/or rejections of submitted items.
15. The system of claim 4 wherein the instructions include at least one of the following:
including appeals documentation that amends budgets based on appeals board actions;
projecting cash flow based on budget and payment application data; and
interfacing with payment systems to generate payments.
16. One or more computer-readable media having computer executable components executed by a computing device, said components comprising:
A web-based module for creating and submitting proposals;
A web-based module for receiving proposals including tasks, for receiving payment applications for partially completed tasks of the proposal, for receiving payment applications for completed tasks of the proposals and for reviewing and approving received proposals; and
A management module for monitoring received proposals and for responding to received payment applications.
17. The media of claim 16 wherein the web-based module comprises instructions for:
maintaining a database of certifying professionals who are permitted to validate budget proposals and payment applications;
maintaining a database of site owners who are permitted to validate budget proposals and payment applications;
checking a budget proposal as to whether it will exceed limits for potential reimbursement per incident;
checking a payment application as to whether it will exceed limits for actual payment per year;
requiring documentation supplemental to the submittal of a budget proposal or payment application be entered into the system before the proposal or application is submitted and reviewed; and
automated application and approval of handling charges to expedite the review process, to ensure accurate calculation, and to remove from view certain data.
18. The media of claim 16 wherein the review module comprises instructions for at least one of the following:
defining a schedule including a work breakdown structure (WBS) based on market data maintained and periodically updated and including a standard resource schedule (SRS) based on market data maintained and periodically updated;
defining a task to include minimum quantities (EQ) based on market data;
defining a task to include minimum unit pricing (EUP) based on market data;
defining a task to include total task pricing (EEP) for eliminating line-item review;
defining a task to include maximum unit pricing (ERR) based on market data;
defining a task to include budget-specific expedited values (BSEV) including new budget proposals and/or payment applications; and
defining non-standardized tasks to define a schedule and to collect non-standardized resource data allowing for non-standard tasks and resources.
19. The media of claim 16 wherein the management module comprises instructions for:
removing unit and extended cost data from the technical reviewer's view;
removing quantity and extended cost data from the accounting reviewer's view;
collecting reviewer comments on modifications and rejections of proposed items;
removing from the accounting and technical reviewers' view items which do not require unit pricing review;
withdrawing at the consultant's request a budget proposal or payment application from review without creating an invalid corresponding response record; and
maintaining multiple approved budget records per incident and phase of work to determine the total approved budget at any time, and to determine what quantity balances remain on a given budget at any time.
20. A computerized method for managing cost containment within a plurality of projects, said method comprising:
defining standardized tasks for each of the projects; defining a schedule for standardized tasks;
collecting resource data including pricing data for each of the standardized tasks; and
based on the defined schedule and the collected data, developing multi-tiered reimbursement/payment price milestones for each project.